Planning Committee – 7 May 2014 Author: David Gedney –
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SOUTH HOLLAND DISTRICT COUNCIL Report of: Planning Manager To: Planning Committee – 7 May 2014 Author: David Gedney – Planning Officer Subject: Ogden Renewable Energy, Land associated with Fendyke Farm, Sutton St James Purpose: To consider Planning Application H20-0136-13 Application Number: H20 -0136 -13 Date Received: 21 February 2013 Application Type: Full Description: Proposed erection of one 50m (hub) high, 78m (tip) high wind turbine and ancillary development Location: Land associat ed with Fendyke Farm, Sutton St James Applicant: Ogden Renewable Agent: AAH Planning Consultants Energy You can view this application on the Council’s web site at http://www.sholland.gov.uk/doitonline/plandev/plansearch.aspx . Just enter the Application Reference Number, press ‘Get the details’ and follow the links to see the documents and plans held 1.0 REASON FOR COMMITTEE CONSIDERATION 1.1 The application is contentious and raises issues which warrant Committee consideration. 2.0 PROPOSAL 2.1 Full planning permission is sought for the erection of a 500kW wind turbine (max 50m to the hub and 78m to the tip) consisting of a steel tubular tower and 3 glass fibre blades. The base would have a diameter of 3.6m. It would have an “industry white finish”. 2.2 Ancillary development includes a sub-station (6.9m x 3.4m), a crane hardstanding area and site access road/turning facility. Electricity generated by the turbine would be exported directly to the national grid via an underground cable to overhead 11kVA grid cables at a pole along Inley Drove, which would be upgraded. The applicant has indicated that the proposal is a type of farm diversification that would allow the farm business (R J Wright Ltd) to operate in a more environmentally and financially sustainable manner. 3.0 SITE DESCRIPTION 3.1 The application site is agricultural land associated with Fendyke Farm, New Fendyke, Sutton St James. It is located on the south-eastern side of Inley Drove, approximately 830m from the farmstead itself and 1.8km to the south-west of Sutton St James village. 3.2 The nearest residential properties are Ashby and Northfields located approximately 578m and 586m respectively to the north-east, off Old Fendyke. Inley Drove Farmhouse is situated approximately 578m to the south-west, off Inley Drove. 4.0 RELEVANT PLANNING POLICIES 4.1 The Development Plan South Holland District Local Plan, July 2006 The South Holland Local Plan 2006 was formally adopted on 18 July 2006. Following a direction from the Government Office for the East Midlands under paragraph 1(3) of Schedule 18 to the Planning and Compulsory Purchase Act 2004, as of 18 July 2009 only certain Local Plan policies have been extended and continue to form part of the development plan. In the context of those saved policies referred to below, it is considered that the Local Plan was adopted in general accordance with the Planning and Compulsory Purchase Act 2004 (albeit under the transitional arrangements). Those policies referred to below clearly accord with the thrust of guidance set out in the National Planning Policy Framework, and in the context of paragraph 215 of the NPPF should therefore continue to be given substantial weight in the decision making process. Policy SG1 – General Sustainable Development Policy SG4 – Development in the Countryside Policy SG13 – Pollution and Contamination Policy SG17 – Protection of Residential Amenity Policy SG18 – Landscaping of New Development Policy EC4 – Farm Diversification If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, Section 38 (6) to the Town and Country Planning Act as amended by the 2004 Act states that the determination must be made in accordance with the plan unless material considerations indicate otherwise. 4.2 National Guidance National Planning Policy Framework (NPPF), March 2012 Paragraph 14 – The presumption in favour of sustainable development Paragraph 17 – Core planning principles Section 3 – Supporting a prosperous rural economy Section 10 – Meeting the challenge of climate change, flooding and coastal change Section 11 – Conserving and enhancing the natural environment Section 12 – Conserving and enhancing the historic environment PPS5: Planning for the Historic Environment Practice Guide National Planning Practice Guidance (PPG), March 2014 Renewable and low carbon energy 4.3 National Energy Policy The Climate Change Act 2008 Establishes a legally binding target to reduce the UK’s greenhouse gas emissions by at least 80% in 2050 from1990 levels. The UK Renewable Energy Strategy, 2009 Sets out a path for meeting the legally binding target to ensure that 15% of energy comes from renewable sources by 2020. The UK Renewable Energy Roadmap, Update 2013 The second annual update to the Roadmap, which shows that the UK has exceeded its first interim target on the way towards the ambitious target of 15% renewable energy consumption by 2020. In 2012, more than 4% of the UK’s energy came from renewable sources, whilst current capacity stands at 19.5 GW (of which 7.0 GW is onshore wind). Recognises that some individuals and communities are concerned about the siting of particular renewable energy projects, and sets out objectives to promote community involvement and investment in small scale renewable projects. 5.0 RELEVANT PLANNING HISTORY 5.1 No on site history. 6.0 REPRESENTATIONS 6.1 Sutton St James Parish Council Objects for the following reasons: • Contravenes local plan policy. Turbine not for the farm’s own use; • Noise impact on nearby homes, especially at high wind speeds; • Shadow flicker; • Destruction of habitat / impact upon wildlife; • Concerns regarding the proliferation of large commercial wind turbines in this area; • Should not be automatically installed in rural/agricultural settings • In the event that SHDC decided to grant permission, Sutton St James Parish Council requests a guaranteed compensation package for anyone whose property would be adversely affected, plus mitigating conditions and the provision of a local community facility. 6.2 District Councillors Cllr M D Seymour • High visual impact on all local properties within close proximity; • Concern for local wildlife. Farm nearby with breeding owls within buildings which hunt in the area; • Close to a local airfield which many light aircraft use; • Inley Drove unsuitable for HGVs, as are many roads within the area. 6.3 County Highways Request refusal 6.4 SHDC Environmental Health No objections subject to noise condition 6.5 Environment Agency No objections 6.6 MOD Object on grounds that a 78m turbine would unacceptably interfere with the operation of the Air Traffic Control (ATC) Radar at Waddington. 6.7 English Heritage Whilst it is unlikely that the turbine would have a significant visual impact upon the setting of nearby heritage assets, we do not consider that this has been conclusively demonstrated in the supporting information, in particular in the selection of photomontages. Therefore, your authority should pay particular attention to views to and from these assets in the context of the proposed turbine and ensure that it has sufficient information with which to assess whether the proposal would result in harm to significance and weigh that harm against the public benefit that would accrue from the development. 6.8 Natural England No objections subject to appropriate mitigation and enhancement measures. 6.9 Lincolnshire Bat Group No objections. 6.10 FenRATS (summarised) • Negative impact on the Fens; • Major loss of visual amenity for local residents; • Noise both in the audible and infra-sound range of frequencies with potentially serious health problems arising from sleep disturbance; • Cumulative impact; • Lincolnshire CC and MP opposed to the development of wind turbines in the area now that we have our “fair share”; • Output from scheme intermittent and needs back up from gas turbines. Will not provide savings in CO2 emissions or energy security; • Recent government initiatives are intended to give sovereignty to local people over national renewable energy policy. Great deal of people are opposed to this scheme. 6.11 John Hayes MP • Affect all the properties along Old Fendyke and the surrounding area, obscuring their view across the fenland landscape; • Detrimental impact upon the quality of life for those living within 2km of it; • Too close to homes. Some of the properties are only 515m away; • There is well documented evidence of significant incidences of noise nuisance, including the “swoosh and bang” of the blades, low frequency humming from the hubs and ADM. Jane and Julian Davis’ well publicised experiences at Deeping St Nicholas are not unusual; a report from Salford University has exposed over 33 sites – including where the most modern turbines have been built – across the country; • Council’s conditions on noise abatement have previously been unenforceable; • Detrimental impact upon wildlife habitats of birds, bats and other forms of wildlife; • Draw your attention to the Dept for Energy and Climate Change’s call for evidence on the cost of turbines; • New planning guidance means that communities have to be consulted before a formal application is made and greater emphasis on protection of landscape, heritage and local amenity. Community benefit will be greatly increased and unacceptable practises by developers will not be tolerated. • New guidance sets out clearly that: 1) Arguments for renewable energy do not override environmental protections and planning concerns of